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S. B. No. 198 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Stivers, Boccieri, Fedor, Schuring, Miller, R.
A BILL
To amend sections 1551.20, 4933.32, 5747.08, 5747.98,
and 5751.98 and to enact sections 5747.81 and
5751.54 of the Revised Code to create tax credits
for investing in renewable energy property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1551.20, 4933.32, 5747.08, 5747.98,
and 5751.98 be amended and sections 5747.81 and 5751.54 of the
Revised Code be enacted to read as follows:
Sec. 1551.20. (A) As used in this section, "solar or wind
energy system" "renewable energy property" means any method used
directly to provide space
heating or cooling, hot water,
industrial process heat, or
mechanical or electric power by the
collection, conversion, or
storage of solar or wind energy
including, but not limited to,
active or passive solar systems. It
does not include any
equipment that is part of a conventional
system for such
purposes, that is, a system that does not use
solar or wind
energy; nor does it include a roof or any windows or
walls that
would be contained in a similar structure not designed
or
modified to use solar energy for space heating or cooling,
except
for those modifications to the design or construction of
such
roof, windows, or walls that are necessary to their improved
use
to capture solar energy for space heating or cooling.
As used in this section, "hydrothermal energy system" means
any method used directly to provide a heating or cooling effect
by
causing a thermal exchange with the earth utilizing any water
source, including ground or surface water by use of appropriate
heat exchange equipment the property described in division (A)(4)
of section 5751.54 of the Revised Code.
(B) The director of development shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
guidelines for identifying solar, wind, or hydrothermal energy
systems and components thereof, and guidelines for the safety and
thermal efficiency of such systems renewable energy property. The
rules shall distinguish
such systems renewable energy property
from conventional systems and components thereof,
and shall
distinguish from conventional roof, window, or wall
design or
construction those modifications to the design or
construction of
roofs, windows, or walls that are necessary to
their improved use
to capture solar energy for space heating or
cooling. The rules
shall determine the eligibility of solar,
wind, and hydrothermal
energy systems renewable energy property for the tax exemption
credits under
section 5709.53 sections 5747.81 and 5751.54 of the
Revised Code.
(C) At the request of any person who designs,
manufactures,
installs, or constructs solar, wind, or
hydrothermal energy
systems renewable energy property, the director shall review the
detailed construction plans and design calculations for any such
system property to determine whether the system property complies
with the
guidelines adopted under division (B) of this section. If
the
system property complies with the guidelines, the director
shall enter the
name of the system property on a list of solar,
wind, or hydrothermal
energy systems renewable energy property
eligible for the tax exemption credits under section
5709.53
sections 5747.81 and 5751.54 of the Revised Code.
(D) At the request of any person who desires to design or
install a solar, wind, or hydrothermal energy system renewable
energy property for his the
person's own
use, the director shall
review the plans for or a narrative
description of the system
property, and the list of components and
materials to be
incorporated therein to determine whether the
system property
complies with the guidelines adopted under division (B) of
this
section. If the system property complies, the director shall issue
a
certificate to that effect to the applicant.
Sec. 4933.32. Every portion of the schedule of an electric
light, natural
gas,
and gas company and every order of the public
utilities commission relating to
curtailment of residential
service by such a company shall apply
uniformly to
all residential
consumers, as defined in section 4911.01 of the
Revised Code,
and
shall not distinguish as to whether the residence of such
consumers
utilizes a solar, wind, or hydrothermal energy system
renewable energy property, as defined
in section
1551.20 of the
Revised Code.
Sec. 5747.08. An annual return with respect to the tax
imposed by section 5747.02 of the Revised Code and each tax
imposed under Chapter 5748. of the Revised Code shall be made by
every taxpayer for any taxable year for which the taxpayer is
liable for the tax imposed by that section or under that chapter,
unless the total credits allowed under divisions (E), (F), and
(G)
of section 5747.05 of the Revised Code for the year are equal
to
or exceed the tax imposed by section 5747.02 of the Revised
Code,
in which case no return shall be required unless the
taxpayer is
liable for a tax imposed pursuant to Chapter 5748. of
the Revised
Code.
(A) If an individual is deceased, any return or notice
required of that individual under this chapter shall be made and
filed by that decedent's executor, administrator, or other
person
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice
required by this chapter, the return or notice required of that
individual
shall be made and filed by the individual's duly
authorized agent,
guardian, conservator, fiduciary, or other
person charged with
the care of the person or property of that
individual.
(C) Returns or notices required of an estate or a trust
shall
be made and filed by the fiduciary of the estate or trust.
(D)(1)(a) Except as otherwise provided in
division (D)(1)(b)
of this section, any
pass-through entity
may file a single return
on behalf of
one or more of the entity's investors other than an
investor that is a
person subject
to the tax imposed under section
5733.06 of the Revised Code. The single
return shall set forth
the
name, address, and social security number
or other identifying
number of each
of those
pass-through entity investors
and shall
indicate the distributive
share of each of those
pass-through
entity investor's income
taxable in this state
in accordance with
sections 5747.20 to
5747.231 of the
Revised
Code. Such
pass-through entity investors
for whom the pass-through entity
elects to file a single return
are not entitled to the exemption
or credit provided for by
sections 5747.02 and 5747.022 of the
Revised
Code; shall calculate
the tax
before business credits at
the highest rate of tax set
forth in
section 5747.02 of the
Revised
Code for the taxable year
for
which the return is filed;
and are entitled to only their
distributive share of the business
credits as defined in
division
(D)(2) of this
section. A single
check drawn by the pass-through
entity shall
accompany
the return
in full payment of the tax due, as shown on the single return,
for
such investors, other than investors who are persons
subject to
the tax imposed under section 5733.06 of the
Revised Code.
(b)(i) A pass-through entity shall not
include in such a
single return any investor that is a trust to
the extent that any
direct or indirect current, future, or
contingent beneficiary of
the trust is a person subject to the
tax imposed under section
5733.06 of the
Revised Code.
(ii) A pass-through entity shall
not include in such a
single
return any investor that is itself
a pass-through entity to
the
extent that any direct or indirect
investor in the second
pass-through entity is a person subject
to the tax imposed under
section 5733.06 of the
Revised Code.
(c) Nothing in division
(D) of this section precludes
the
tax
commissioner from requiring such investors to file the
return
and
make the payment of taxes and related interest,
penalty, and
interest penalty required by this section or
section 5747.02,
5747.09, or 5747.15 of the
Revised Code. Nothing in division
(D)
of this section shall be
construed to provide to such an investor
or pass-through entity
any additional deduction or credit, other
than the credit
provided by division (J) of
this section, solely
on account of the entity's filing a return
in accordance with this
section. Such a pass-through entity also
shall make the filing
and
payment of estimated taxes on behalf of the pass-through
entity
investors other than an
investor that is a person subject
to the
tax imposed under section 5733.06
of the Revised Code.
(2) For the purposes of
this section,
"business credits"
means the credits
listed in section 5747.98 of the
Revised
Code
excluding the following
credits:
(a) The retirement credit under division (B) of section
5747.055 of
the Revised Code;
(b) The senior citizen credit under
division (C) of section
5747.05 of the Revised Code;
(c) The lump sum distribution credit
under division (D) of
section
5747.05 of the Revised
Code;
(d) The dependent care credit under
section 5747.054 of the
Revised
Code;
(e) The lump sum retirement income
credit under division (C)
of
section 5747.055 of the Revised
Code;
(f) The lump sum retirement income
credit under division (D)
of
section 5747.055 of the Revised
Code;
(g) The lump sum retirement income
credit under division (E)
of
section 5747.055 of the Revised
Code;
(h) The credit for displaced workers
who pay for job
training
under section 5747.27 of the
Revised
Code;
(i) The twenty-dollar personal
exemption credit under
section
5747.022 of the
Revised
Code;
(j) The joint filing credit under
division (G) of section
5747.05
of the Revised
Code;
(k) The nonresident credit under
division (A) of section
5747.05
of the Revised
Code;
(l) The credit for a resident's
out-of-state income under
division
(B) of section 5747.05 of the
Revised
Code;
(m) The low-income credit under section 5747.056 of the
Revised Code;
(n) The credit for investing in renewable energy property
under section 5747.81 of the Revised Code.
(3) The election provided for under division
(D) of this
section applies
only to the taxable year for which the election is
made by the
pass-through entity. Unless the tax commissioner
provides
otherwise, this election, once made, is binding and
irrevocable
for the taxable year for which the election is made.
Nothing in
this division shall be construed to provide for any
deduction or
credit that would not be allowable if a nonresident
pass-through
entity investor were to file an annual return.
(4) If a pass-through entity makes the election provided
for
under division (D) of this
section, the pass-through entity shall
be liable for any
additional taxes, interest, interest penalty, or
penalties imposed by this
chapter
if the tax
commissioner
finds
that
the single return does
not reflect the
correct tax
due by
the
pass-through
entity investors
covered by that
return. Nothing in
this
division shall be
construed to limit or
alter the liability,
if
any, imposed on
pass-through entity
investors for unpaid or
underpaid taxes,
interest, interest
penalty, or penalties as a
result of the
pass-through entity's
making the election provided
for under
division (D) of this
section.
For the purposes of
division
(D) of
this section,
"correct tax due" means the tax that
would have been
paid by the
pass-through entity had the single
return been filed
in a manner
reflecting
the tax
commissioner's
findings. Nothing
in
division (D) of this section
shall be
construed to make or hold
a
pass-through entity liable
for tax
attributable to a
pass-through
entity investor's
income
from a
source other than the
pass-through
entity electing
to file
the
single return.
(E) If a husband and wife file a joint federal income tax
return for a taxable year, they shall file a joint return under
this section for that taxable year, and their liabilities are
joint and several, but, if the federal income tax liability of
either spouse is determined on a separate federal income tax
return, they shall file separate returns under this section.
If either spouse is not required to file a federal income
tax
return and either or both are required to file a return
pursuant
to this chapter, they may elect to file separate or
joint returns,
and, pursuant to that election, their liabilities are
separate or
joint and several. If a husband and wife file
separate returns
pursuant to this chapter, each must claim the taxpayer's
own
exemption, but not both, as authorized under
section
5747.02 of
the Revised Code on the taxpayer's own
return.
(F) Each return or notice required to be filed under this
section shall contain the signature of the taxpayer
or the
taxpayer's duly authorized
agent and of the person who prepared
the return for the
taxpayer, and shall include the taxpayer's
social security
number. Each return shall be verified by a
declaration
under the penalties of perjury. The tax commissioner
shall prescribe the
form that the signature and declaration shall
take.
(G) Each return or notice required to be filed under this
section shall be made and filed as required by section 5747.04 of
the Revised Code, on or before the fifteenth day of April of each
year, on forms that the tax commissioner shall prescribe,
together
with remittance made payable to the treasurer of state
in the
combined amount of the state and all school district
income taxes
shown to be due on the form, unless the combined amount
shown to
be due is one dollar or less, in which case that amount
need not
be remitted.
Upon good cause shown, the tax commissioner may extend the
period
for filing any notice or return required to be filed under
this
section and may adopt rules relating to extensions. If the
extension results in an extension of time for the payment of any
state or school district income tax liability with respect to
which the return is filed, the taxpayer shall pay at the time the
tax liability is paid an amount of interest computed at the rate
per annum prescribed by section 5703.47 of the Revised Code on
that liability from the time that payment is due without
extension
to the time of actual payment. Except as
provided in section
5747.132 of the Revised Code, in
addition to all
other interest
charges and penalties, all taxes imposed under this chapter
or
Chapter 5748. of the
Revised
Code and remaining
unpaid after they
become due, except combined amounts due of one
dollar or less,
bear interest at the rate per annum prescribed by
section 5703.47
of the Revised Code until paid or until the day an
assessment is
issued under section 5747.13 of the Revised Code, whichever
occurs
first.
If the tax commissioner
considers it necessary in order to
ensure
the payment of the tax imposed by
section 5747.02 of the
Revised
Code or any tax imposed under
Chapter 5748. of the Revised
Code,
the tax commissioner may require
returns and payments to be
made
otherwise than as provided in
this section.
To the extent that any provision in this division conflicts
with any provision in section 5747.026 of the Revised Code, the
provision in that section prevails.
(H) If any report, claim, statement, or other document
required to be filed, or any payment required to be made, within
a
prescribed period or on or before a prescribed date under this
chapter is delivered after that period or that date by United
States mail to the agency, officer, or office with which the
report, claim,
statement, or other document is required to be
filed, or to which the payment is required to be made, the date
of
the postmark stamped on the cover in which the report, claim,
statement, or other document, or payment is mailed shall be
deemed
to be the date of delivery or the date of payment.
If a payment is required to be made by electronic funds
transfer pursuant to section 5747.072 of the Revised Code, the
payment is considered to be made when the payment is received by
the treasurer of state or credited to an account designated by
the
treasurer of state for the receipt of tax payments.
"The date of the postmark" means, in the event there
is more
than one date on the cover, the earliest date imprinted
on the
cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to
section
5747.06 of the Revised Code shall be allowed to the
recipient of
the compensation as credits against payment of the
appropriate
taxes imposed on the recipient by section
5747.02 and under
Chapter 5748. of the Revised Code.
(J) If, in accordance
with division (D) of this
section, a
pass-through entity elects to file a single return
and if any
investor is required to file the return and make the
payment of
taxes required by this chapter on account of the
investor's other
income that is not included in a single return
filed by a
pass-through entity, the investor is entitled to a
refundable
credit equal to the investor's proportionate share of
the tax paid
by the pass-through entity on behalf of the
investor. The
investor
shall claim the credit for the
investor's taxable year in
which or
with which ends the taxable
year of the pass-through
entity.
Nothing in this chapter shall
be construed to allow any
credit
provided in this chapter to be
claimed more than once. For
the
purposes of computing any
interest, penalty, or interest
penalty,
the investor shall be
deemed to have paid the refundable
credit
provided by this
division on the day that the pass-through
entity
paid the
estimated tax or the tax giving rise to the
credit.
Sec. 5747.81. (A) As used in this section, "renewable energy
property" includes:
(1) Equipment that uses solar radiation in lieu of
traditional energy sources to heat water; actively heat or cool
spaces; passively heat spaces; illuminate; generate electricity;
distill liquids; desalinate; or detoxify, including related
devices used to collect, store, exchange, or condition solar
energy, or convert solar energy to other useful forms of energy;
and
(2) Equipment used to capture and convert wind energy into
electricity or mechanical power, including related devices used to
convert, condition, and store the electricity produced.
(B) For taxable years beginning on or after January 1, 2007,
there is hereby allowed a nonrefundable credit against the tax
imposed by section 5747.02 of the Revised Code for the cost of
renewable energy property constructed, purchased, or leased and
placed into service during the taxable year with respect to a
dwelling owned and occupied by the taxpayer as the taxpayer's
principal place of residence during the taxable year. The credit
allowed under this section may be claimed for renewable energy
property placed into service with respect to no more than one
dwelling owned and occupied by the taxpayer during the taxable
year. The credit may be claimed only if the renewable energy
property complies with the guidelines established by the director
of development under section 1551.20 of the Revised Code. Subject
to the limitations prescribed in division (D) of this section, the
credit shall equal thirty-five per cent of the cost of the
renewable energy property constructed, purchased, or leased during
the taxable year to the extent those costs are not compensated for
by public grants.
(C) A taxpayer shall not claim the credit allowed under this
section for any renewable energy property if, prior to claiming
the credit on the return required to be filed under section
5747.08 of the Revised Code, the taxpayer disposes of the
property, takes the property out of service, or removes the
property from this state.
(D) The total amount of credit claimed under this section for
renewable energy property placed into service during any taxable
year shall not exceed:
(1) One thousand four hundred dollars for a dwelling served
by renewable energy property that heats domestic water by solar
energy;
(2) Three thousand five hundred dollars for a dwelling served
by renewable energy property that uses solar energy to provide
active space heating, combined active space and domestic water
heating, or passive space heating;
(3) Ten thousand dollars for a dwelling served by any other
renewable energy property.
(E) The credit shall be claimed in the order required under
section 5747.98 of the Revised Code. The credit, to the extent it
exceeds the taxpayer's tax liability after allowance for any other
credits that precede the credit under this section in that order,
shall be carried forward to succeeding taxable years until fully
utilized, provided that the taxpayer shall deduct the amount of
the excess credit allowed in any taxable year from the balance
carried forward to the next taxable year.
(F) A taxpayer that claims the credit allowed under this
section for renewable energy property leased from another person
shall obtain a written certification from the lessor that the
lessor will not claim the credit allowed under this section or the
credit allowed under section 5751.54 of the Revised Code with
respect to that property for any taxable year, in the case of a
credit allowed under this section, or tax period included in a
taxable year, in the case of a credit under section 5751.54 of the
Revised Code, for which the taxpayer claims the credit under this
section. The lessor or the lessor's authorized agent shall sign
the certification. The taxpayer shall make the certification
available to the tax commissioner upon the commissioner's request.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the
Revised Code;
(5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the
Revised Code;
(9) The credit for displaced workers who pay for job
training
under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section
5747.29
of
the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of
section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of
section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter
into agreements
with
child day-care centers under section 5747.34 of the
Revised
Code;
(16) The credit for employers that reimburse employee
child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code;
(19)
The job retention credit under division (B) of section
5747.058 of the Revised Code;
(20) The credit for purchases of new manufacturing
machinery
and equipment
under section 5747.26 or section 5747.261
of the
Revised Code;
(21) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code;
(22) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(24) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(25) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code;
(26)
The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code;
(28) The export sales credit under section 5747.057 of
the
Revised Code;
(29) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code;
(30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code;
(31) The research and development credit under section
5747.331 of the Revised Code;
(32) The credit for investing in renewable energy property
under section 5747.81 of the Revised Code;
(33) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code;
(33)(34) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code;
(34)(35) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code;
(35)(36) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(36)(37) The refundable credit under section 5747.80 of the
Revised Code for losses on loans made to the Ohio venture
capital
program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit, except the credits enumerated
in
divisions (A)(32)(33) to (36)(37) of
this
section
and
the
credit
granted under division
(I) of
section
5747.08 of
the
Revised Code,
the amount of the credit
for
a
taxable year
shall
not
exceed the
tax due after allowing for any
other credit
that
precedes it in
the order required under this
section. Any
excess
amount of a
particular credit may be carried
forward if
authorized
under the
section creating that credit.
Nothing in this
chapter
shall be
construed to allow a taxpayer to
claim, directly
or
indirectly, a
credit more than once for a
taxable year.
Sec. 5751.54. (A) As used in this section:
(1) "Cost" and "purchase" have the same meanings as in
section 179 of the Internal Revenue Code.
(2)
"Qualifying nonresidential land" means lands and
improvements thereon classified as nonresidential/agricultural
real property under section 5713.041 of the Revised Code.
(3) "Qualifying residential land" means lands and
improvements thereon classified as residential/agricultural real
property under section 5713.041 of the Revised Code that contain
one or more dwelling units that the taxpayer holds for the purpose
of leasing to others.
(4) "Renewable energy property" includes all of the
following:
(a) Equipment that uses organic matter produced by
terrestrial and aquatic plants and animals for:
(i) Production of biofuels such as ethanol, methanol, and
biodiesel;
(ii) Anaerobic biogas production of methane using
agricultural waste, animal waste, or garbage; or
(iii) Commercial production of thermal or electrical power
from renewable energy crops or wood waste materials.
(b) Any device used for converting, conditioning, or storing
the fuels, gases, or power described in divisions (A)(4)(a)(i) to
(iii) of this section;
(c) Hydroelectric generators that produce electricity by
water power or by the friction of water or steam that are located
at existing dams or in free-flowing waterways, including related
devices used for water supply or control and devices used to
convert, condition, or store the electricity generated.
(d) Equipment that uses solar radiation in lieu of
traditional energy sources to heat water; actively heat or cool
spaces; passively heat spaces; illuminate; generate electricity;
distill liquids; desalinate; detoxify; or produce industrial or
commercial heat, including related devices used to collect, store,
exchange, or condition solar energy, or convert solar energy to
other useful forms of energy.
(e) Equipment used to capture and convert wind energy into
electricity or mechanical power, including related devices used to
convert, condition, and store the electricity produced.
(B)(1) For tax periods beginning on or after January 1, 2008,
a nonrefundable credit may be claimed under this chapter for the
cost of renewable energy property constructed, purchased, or
leased and placed into service on qualifying residential land or
qualifying nonresidential land owned by the taxpayer. The credit
may be claimed only if the renewable energy property complies with
the guidelines established by the director of development under
section 1551.20 of the Revised Code. Subject to the limitations
prescribed in division (D) of this section, the amount of the
credit shall equal thirty-five per cent of the cost of the
renewable energy property constructed, purchased, or leased during
a calendar year to the extent those costs are not compensated for
by public grants.
(2)(a) If the renewable energy property for which a credit is
claimed under this section is placed into service on a parcel of
qualifying residential land on which is located only one
single-family dwelling, the entire credit, exclusive of any credit
carry forward allowed under division (E) of this section, shall be
claimed for the tax period immediately following the calendar year
in which the renewable energy property is placed into service.
(b) If the renewable energy property is placed into service
on any other qualifying residential land or is placed into service
on qualifying nonresidential land, then:
(i) In the case of a calendar year taxpayer, one-fifth of the
amount of the credit shall be claimed for each of the five tax
periods immediately succeeding the calendar year in which the
renewable energy property is placed into service; and
(ii) In the case of a calendar quarter taxpayer,
one-twentieth of the amount of the credit shall be claimed for
each of the twenty tax periods immediately succeeding the calendar
year in which the renewable energy property is placed into
service.
To the extent one-fifth of the credit exceeds a calendar year
taxpayer's tax liability for any tax period or one-twentieth of
the credit exceeds a calendar quarter taxpayer's tax liability for
any tax period, as the case may be, the excess may be carried
forward and claimed for succeeding tax periods as provided in
division (E) of this section.
(C) No credit may be claimed for any tax period during which
the renewable energy property for which the credit is allowed is
disposed of, taken out of service, or removed from this state,
except that a taxpayer may continue to claim any portion of the
credit carried forward from a preceding tax period under division
(E) of this section.
(D) The total amount of credit claimed under this section for
renewable energy property placed into service during any calendar
year shall not exceed:
(1) In the case of renewable energy property placed into
service on qualifying nonresidential land, two hundred fifty
thousand dollars; and
(2) In the case of renewable energy property placed into
service on qualifying residential land:
(a) One thousand four hundred dollars for each dwelling unit
served by renewable energy property that heats domestic water by
solar energy;
(b) Three thousand five hundred dollars for each dwelling
unit served by renewable energy property that uses solar energy to
provide active space heating, combined active space and domestic
water heating, or passive space heating;
(c) Ten thousand dollars for each dwelling served by any
other renewable energy property.
(E) The credit shall be claimed in the order required under
section 5751.98 of the Revised Code. The credit, to the extent it
exceeds the taxpayer's tax liability for a tax period after
allowance for any other credits that precede the credit under this
section in that order, shall be carried forward to the next
succeeding tax periods until fully utilized, provided that the
amount of the excess credit claimed against the tax for any tax
period shall be deducted from the balance carried forward to the
next tax period.
(F) A taxpayer that claims the credit allowed under this
section for renewable energy property leased from another person
shall obtain a written certification from the lessor that the
lessor will not claim the credit allowed under this section with
respect to that property for any tax period for which the taxpayer
claims the credit under this section. The lessor or the lessor's
authorized agent shall sign the certification. The taxpayer shall
make the certification available to the tax commissioner upon the
commissioner's request.
Sec. 5751.98. (A) To provide a uniform procedure for
calculating the amount of tax due under this chapter, a taxpayer
shall claim any credits to which it is entitled in the following
order:
(1) The nonrefundable jobs retention credit under division
(B) of section 5751.50 of the Revised Code;
(2) The nonrefundable credit for qualified research expenses
under division (B) of section 5751.51 of the Revised Code;
(3) The nonrefundable credit for a borrower's qualified
research and development loan payments under division (B) of
section 5751.52 of the Revised Code;
(4) The nonrefundable credit for calendar years 2010 to 2029
for unused net operating losses under division (B) of section
5751.53 of the Revised Code;
(5) The nonrefundable credit for investing in renewable
energy property under section 5751.54 of the Revised Code;
(6) The refundable credit for calendar year 2030 for unused
net operating losses under division (C) of section 5751.53 of the
Revised Code;
(6)(7)
The refundable jobs creation credit under division (A)
of section 5751.50 of the Revised Code.
(B) For any credit except the credit credits enumerated in
division divisions (A)(4)(6) and (7) of this section, the amount
of the credit for a tax period shall not exceed the tax due after
allowing for any other credit that precedes it in the order
required under this section. Any excess amount of a particular
credit may be carried forward if authorized under the section
creating the credit.
Section 2. That existing sections 1551.20, 4933.32, 5747.08,
5747.98, and 5751.98 of the Revised Code are hereby repealed.
Section 3. Section 1551.20 of the Revised Code is presented
in
this act as a composite of the section as amended by Am. Sub.
H.B. 632, Sub. S.B. 269, and Sub. S.B. 271 of
the 120th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
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